I’m now terrified about my overstay…

[Jewels]

…and incredibly angry at my husband. And at myself for believing him all these years he kept telling me not to worry about having a lack of status in Canada.

I’ve been here since early 2007. When I crossed the US/Canada border we were waved through so I don’t even have documentation of my arrival here.

How bad is a three year overstay going to be for us? It’s going to delay the PR process for a long long while, isn’t it? I’ve been searching the forum here and it’s got my stomach in knots.

I haven’t worked illegally. I haven’t studied illegally. I haven’t committed a crime (other than the overstay) or sucked up any kind of social assistance. I’m being fully supported by my spouses working wages.

I’m incredibly concerned that this process is either going to drag on for years or that I’ll be rejected outright (due to overstay and lack of documentation required for PR application – namely proof of status and lack of stamp on passport showing entry to Canada) and be forced to leave my life here. Oh god, what would happen to our dog…

I know this isn’t the kind of situation people can give advice on, but any kind of encouraging word would be much appreciated if you’d be so inclined to offer one.

I’m planning on contacting the call centre about this as soon as I work up the nerve to do so. If I can work up the nerve.

 

[IrishApplicant]

Re: I'm now terrified about my overstay...

...and incredibly angry at my husband. And at myself for believing him all these years he kept telling me not to worry about having a lack of status in Canada.

I've been here since early 2007. When I crossed the US/Canada border we were waved through so I don't even have documentation of my arrival here.

How bad is a three year overstay going to be for us? It's going to delay the PR process for a long long while, isn't it? I've been searching the forum here and it's got my stomach in knots.

I haven't worked illegally. I haven't studied illegally. I haven't committed a crime (other than the overstay) or sucked up any kind of social assistance. I'm being fully supported by my spouses working wages.

I'm incredibly concerned that this process is either going to drag on for years or that I'll be rejected outright (due to overstay and lack of documentation required for PR application – namely proof of status and lack of stamp on passport showing entry to Canada) and be forced to leave my life here. Oh god, what would happen to our dog...

I know this isn't the kind of situation people can give advice on, but any kind of encouraging word would be much appreciated if you'd be so inclined to offer one.

I'm planning on contacting the call centre about this as soon as I work up the nerve to do so. If I can work up the nerve.

Yes, ring the call centre asap.

it doesnt require 'nerve': theyre not going to start tracking you down, matrix style, while youre on the phone!

re: "overstay and lack of documentation required for PR application – namely proof of status and lack of stamp on passport showing entry to Canada" - yah that could be pretty serious. BUT talk to people first, and for heavens sake from now on check out, yourself, details and requirements that relate to you specifically. The onus is on YOU to know and understand YOUR situation & status, no one else.

IA

 

[Jewels]

Re: I'm now terrified about my overstay...

Ha! I was kinda worried Agent Smith would show up at our apartment door while I was on the phone with them. So that's not a worry, eh? Good to know.

 

[plumosa]

Re: I'm now terrified about my overstay...

please don't worry, you are ok.

http://www.cic.gc.ca/english//information/faq/immigrate/sponsor/spouse-faq02.asp#tphp%20idtphp

Spouses, partners and dependent children
If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?

Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada. You can download the application kit, or order it by contacting the Citizenship and Immigration Canada (CIC) Call Centre, toll free at 1 888 242-2100 (from within Canada only). CIC will mail the application kit to you—delivery takes about two weeks.

The application kit contains everything you will need, including the sponsorship application that your spouse or partner must fill out.

 

[iarblue]

Re: I'm now terrified about my overstay...

You dont need to call the call center at all,you will be fine,you can still apply even if you have no status.Now you have gone back to the US nobody will know when you left or when you came in unless they do a search which is unlikely.
It wont hurt your process at all.So the choice is yours come back as a visitor again or stay in the US until the process is done.But calling CIC will do you no good as they are going to tell you the same thing.
Just let the process roll along and do as you like come back or stay there the choice is yours.
They dont usually worry too much about US born citizens.

 

[Jewels]

Re: I'm now terrified about my overstay...

Sorry Iarblue, I mustn't have been clear. I'm still in Canada. Haven't gone home since '07.

 

[iarblue]

Re: I'm now terrified about my overstay...

Ok so you can stay even if your out of status.They could send you packing if they wanted to if you were a threat lol,but your fine.You could always send in an app for a visit visa for 6 months in the app state you are applying for your PR its just $200 if you had of applied to extend it before it would have been $75 but live and learn girl live and learn.

 

[BeShoo]

Re: I'm now terrified about my overstay...

You can apply even if you are out of status. Legally, they could deport you, but they can't stop your application or even slow it down.

I have to disagree with iarblue, though. There is no such thing as applying for a "visit visa" for an American citizen visiting Canada. You just show up at the border and they let you in or not. Sometimes they will gibe you a "visitor record" if they want to make sure that you leave by a certain date (if they are afraid you will want to overstay). For $200, you can apply to have your status restored, but that has to be within 90 days of when it expired.

Maybe your best bet is to go to the U.S. (they won't really know how long you've been here), and re-enter Canada. It would be best to prepare a PR application (outland through Buffalo) before re-entering. Americans will almost always be allowed to "visit" their partner in Canada for months while waiting for their PR applications to be processed.

Or do what plumosa says. That seems easiest.

 

[kelKel]

Re: I'm now terrified about my overstay...

I would submit and inland application as soon as you can. You are able to apply without status the in canada route. There was another case on here can't recall who. They has been here without status for over 2 years. They applied inland and were very honest in there cover letter and bit the bullet and sent the application in. They thought it would be sent to a local office but it was't. It was processed normally and now she is a PR.

 

[HoneyBird]

Re: I'm now terrified about my overstay...

...and incredibly angry at my husband. And at myself for believing him all these years he kept telling me not to worry about having a lack of status in Canada.

I've been here since early 2007. When I crossed the US/Canada border we were waved through so I don't even have documentation of my arrival here.

Oh god, what would happen to our dog...

Okay I lol when I read this sentence. Shared custody? Kidnap the dog and return to the USA. It just sounded like you would miss your dog more than your husband.

 

[IrishApplicant]

Re: I'm now terrified about my overstay...

Maybe your best bet is to go to the U.S. (they won't really know how long you've been here), and re-enter Canada. It would be best to prepare a PR application (outland through Buffalo) before re-entering. Americans will almost always be allowed to "visit" their partner in Canada for months while waiting for their PR applications to be processed.

she would still have to account for the last few years.

 

[kelKel]

Re: I'm now terrified about my overstay...

Irish that's why the inland route seems to be the better way.

 

[Vervain]

Re: I'm now terrified about my overstay...

GAH NO!! Never apply Inland!! They don't want you to!! It will take way longer and raise red flags. You can still apply outland while you're staying in Canada.

 

[boasorte]

Re: I'm now terrified about my overstay...

Not much to worry about. The worse can happen is depending on where you live an interview may take years (and if it does happen be clear and honest) and if your application is denied on the First Stage you will have to leave the country immediately, but if it's approved you may apply for an OWP.
Peace and Luck!

 

[Jewels]

Re: I'm now terrified about my overstay...

Thanks everyone. I'm not as freaked as I had been.

The local office would be Mississauga. Are they known for taking a long time to set up an interview?

HoneyBird, I have an extremely bonded, loyal, and neurotic Australian Shepherd. She'd worry herself to death if her "pack" split up. If I had to leave, she'd go back to the States with me and most likely starve herself until she got to see her daddy again. :'(